Advocates for Change

Position Statement

A4C Position: OPPOSE

Bill: HB 26-1285 — Admission to Mental Health Residential Facility

Summary: The bill requires the Department of Human Services to include in the admission criteria for admitting a person to a mental health residential facility a prohibition on admitting a person who is required to register the person’s residence in accordance with the “Colorado Sex Offender Registration Act” to a mental health residential facility that is located within 1,000 feet of a school.

Status: Introduced 2/20/2026 | Assigned to House Judiciary

Sponsors: Rep. Lori Goldstein (D-29) | Sen. Kyle Mullica (D-24)

A4C Position

Advocates for Change opposes HB 26-1285. This bill is a solution looking for a problem. It codifies a restriction that already exists in practice, adds bureaucratic overhead without creating any new protection for children, and establishes a dangerous statutory precedent for expanded residency restrictions in Colorado.

The Colorado Department of Human Services (CDHS) voluntarily adopted the 1,000-foot school buffer for Mental Health Transitional Living (MHTL) homes in April 2024. No registered sex offender has been placed in an MHTL home near a school under this policy. The department’s own data shows that less than 2% of all MHTL referrals involve registrants. Approximately 35 Colorado municipalities have also adopted their own local buffer zone ordinances. This bill adds another layer of restriction on top of existing protections that are already working.

More critically, Colorado does not currently have statewide sex offender residency restrictions. HB 26-1285 introduces that framework into state law for the first time — through mental health treatment law. The documented pattern from other states is that narrow, schools-only restrictions invariably expand to cover parks, playgrounds, daycares, bus stops, churches, and eventually general residency. Northglenn’s Emergency Ordinance No. 1863 and the city’s public communications already signal this expansion is being planned.

Why This Matters

Colorado’s own data shows the system is working. The Sex Offender Management Board (SOMB) reports that individuals who complete treatment have a 95-97% success rate — they do not reoffend. The Colorado Department of Corrections (DOC) confirms that sexual offense convictions carry the lowest re-conviction rates of any category the state tracks. Nationally, the U.S. Sentencing Commission tracked 32,135 federal reentrants over eight years — only 0.2% were rearrested for sexual assault.

Residency restrictions do not improve public safety. Peer-reviewed research by Nobles, Levenson, and Youstin (2012) in Crime & Delinquency found no significant relationship between residency restrictions and reduced sexual reoffending. Rydberg et al. (2023) in Sexual Abuse found that housing instability caused by these restrictions actually increases recidivism risk. The U.S. Department of Justice reports that 93% of child sexual abuse is committed by family members, friends, or acquaintances — not strangers near schools.

This bill undermines treatment access. The MHTL homes provide 24/7 supervision, intensive case management, medication management, and structured programming — the very conditions that reduce recidivism. The SOMB’s own data shows treatment completion is the strongest predictor of non-recidivism. Restricting access to treatment beds pushes individuals into less supervised settings or homelessness, increasing risk to both individuals and communities.

The precedent will expand. Florida went from 1,000 feet around schools to 133 local ordinances with buffer zones up to 2,500 feet. In Orlando, 99% of residential properties fell inside a restricted zone. Georgia expanded to schools, daycares, churches, playgrounds, and bus stops. Tennessee extended restrictions to offenders whose victims were adults — far beyond any child-safety rationale. Once the principle is established in statute, the expansion is politically inevitable.

It diverts resources from what actually works. The fiscal note projects increased workload for the Behavioral Health Administration (BHA), the Colorado Department of Public Health and Environment (CDPHE), and the Department of Health Care Policy and Financing (HCPF) — all for a restriction already being followed. Colorado’s behavioral health system is under a consent decree through 2027 with fines up to $12 million annually. Resources should be directed toward expanding treatment capacity, not adding bureaucracy to enforce restrictions that already exist.

What You Can Do

• Contact the House Judiciary Committee. HB 26-1285 is assigned to House Judiciary. Email the committee members and ask them to vote no or to postpone the bill indefinitely. Be respectful, be factual, and lead with Colorado’s own data.

• Contact the bill sponsors. Rep. Lori Goldstein ([email protected]) and Sen. Kyle Mullica ([email protected]) are the prime sponsors. As constituents, ask them to withdraw the bill. As non-constituents, express your opposition and share why this matters.

• Sign up to testify. Public testimony is available in person or remotely. Visit leg.colorado.gov and select Public Testimony Options to register. Keep testimony under three minutes, lead with data, and stay calm — you will likely be in a room with emotional testimony on the other side.

• Share the facts. The most powerful argument against this bill is Colorado’s own data: a 95-97% treatment success rate, the lowest re-conviction rates of any offense category, and the fact that the restriction this bill proposes already exists. Share these facts with your networks.

• Monitor related legislation. SB 26-014 would allow placement of defendants who pled not guilty by reason of insanity in MHTL homes — a separate but related expansion. Watch for amendments to HB 26-1285 that add playgrounds, daycares, or other locations to the buffer zone.

Advocates for Change | PO Box 103392, Denver, CO 80250 | a4c.lostswordfish.com

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